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Vanessa Ganguin comments in Personnel Today on UK’s new Digital ID BritCard to tackle illegal immigration

Vanessa Ganguin (c) Zoe Richards

by Vanessa Ganguin

vanessa@vanessaganguin.com
+44 (0) 20 4551 4787
+44 (0) 7855 817714

by Vanessa Ganguin

vanessa@vanessaganguin.com
+44 (0) 20 4551 4787
+44 (0) 7855 817714

26 September 2025

Immigration thought leadership in Personnel Today

Sir Keir Starmer has announced a digital ID scheme for Britain to discourage illegal working. A “BritCard” Digital ID will be mandatory for Right to Work checks by the end of the Parliament, the UK government has said.

The digital ID will be rolled out to all UK citizens and legal residents and used for Right to Work checks as well as to apply for services like driving licences, childcare and welfare and accessing personal records such as tax. The new digital ID will be held on people’s phones.

There will be no requirement for individuals to carry their ID or be asked to produce it but the government says it will be mandatory as a means of proving Right to Work before commencing employment in the UK.

Vanessa discussed the implications to employers with immigrant workforce in Personnel Today and questioned why the new system was being announced just nine months after paper documents were phased out for the new digital eVisa for Right to Work checks.

“It’s only nine months since the new eVisa system replaced documents with a digital share code for millions of immigrants to evidence their status in right-to-work checks,” said Vanessa.

Vanessa added: “Employers are still getting used to our new right-to-work checks regime where British and Irish workers use passports and immigrants now prove their status using the new eVisa to protect themselves from severe illegal working penalties.”

Commenting on the government’s insistence that those unable to use a smartphone will still be able to use a new digital ID card and that inclusion would be at the heart of the new system she added: “one of the biggest problems with the eVisa digitalisation of the past year has been the lack of physical evidence as an alternative. The system has been riddled with problems and failures, preventing people from being able to prove their status for work and rental checks, welfare and travel. Such issues have also dogged digital systems of ID in other European countries too. Britain has a far smaller irregular working economy than the rest of Europe. Yet the government is now proposing to inflict the same chaos on British citizens.”

We advise on all aspects of work immigration compliance and if you are interested in discussing how you may benefit from an audit or update on the latest immigration developments please contact our friendly immigration experts. We are highly ranked in legal guides for our boutique work with employers and employees in business and personal immigration.

It’s crucial for employers to follow the latest Home Office sponsorship and right to work guidance. Below are some recent changes that HR teams should be aware of.

Recent right to work changes to be aware of

The UK’s right to work guidance has been updated to reflect the digitalisation of Britain’s immigration system and the introduction of the eVisa. As physical BRP cards have now been phased out, eVisas have replaced them for generating the share codes to check workers’ right to work.

This is a massive transition generally involving everyone who is not British, Irish, has a right to abode, or is exempt from immigration control. As not everyone’s proof of immigration status is up to date and fully working, the Home Office guidance has been amended to include transitionary measures. Workers with ongoing permission to stay in the UK may use expired BRP cards to access the online right to work checking service to prove their right to work using a share code.

To reflect the digital transformation, the wording on when to contact a Home Office Employer Checking Serviceto verify the right to work has also been amended, adding if you “have not been provided with any acceptable documents by a non-British or non- Irish citizen and are unable to carry out a check using the online service, for example due to a technical issue with the individual’s eVisa or digital immigration status.”

In the case of British and Irish citizens, employers are able to accept current or expired passports as proof of right to work in the UK. However, the new guidance now clarifies that clipped passports (where the corner is cut off some pages to show they’re cancelled, not expired) are not acceptable right to work proof even though non-clipped passports that have expired are.

Ukraine Permission Extension Scheme

The Ukraine Permission Extension (UPE) Scheme opened this month for those in the UK on Ukraine schemes since the Russian invasion who are coming to the end of their humanitarian scheme visas. Anyone with 28 or less days remaining on their permission can apply for a further 18 months leave on the UPE website. You can find more details on this and other Ukraine schemes here and read our recent article on more permanent UK immigration routes that Ukrainians on schemes are allowed to switch into if eligible.

UPE applications will usually receive a decision within eight weeks. If a worker with a pending application is required to prove their right to work, they should access their eVisa to provide a share code. This will enable the check to be carried out via the Home Office online service.

What should HR teams do to ensure they are compliant with Right to Work guidance?

HR teams should regularly review their Right to Work and sponsorship policies to ensure they are compliant with the latest guidance.

As well as recent increases in enforcement and penalties, legislation is currently being passed to add gig economy workers to the Right to Work regime. Compliance is more important than ever.

Anyone concerned about Right to Work or sponsor compliance or wishing to discuss any work visa options can contact us on 0207 033 9527 or enquiries@vanessaganguin.com.

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